Loading...
PC19-473RESOLUTION NO. PC 19.473 A RESOLUTION OF THE PLANNING COMMISSION OF THE GITY OF MENIFEE, CALIFORNIA APPROVING TENTATTVE PARCEL MAp NO. 2019-026 (TENTATTVE PARCEL MAP NO.37674) FOR THE SUBDTVTSTON OF 18.9s ACRES INTO TWO (2) PARCELS LOCATED NORTH OF WICKERD ROAD, WEST OF 1.215, EAST OF HAUN ROAD, AND SOUTH OF GARBANI ROAD (APN: 360-350-029), AND FINDING THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15315 MINOR LAND DIVISIONS, CLASS 15 Whereas, on January 23, 2019 the applicant, Stephen lvlanfredi, filed a formal application with the City of Menifee for the subdivision of 18.95 acres into two (2) parcels located north of Wickerd Rd., west of l-215, east of Haun Rd., and south of Garbani Rd. within the City of Menifee; and, Whereas, on November 13, 2019, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Parcel Map No. 37674 (Planning Application PM 2019-026), which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 1,500 feet of the Project boundaries, and to persons requesting public notice; and, NOW, THEREFORE, BE lT RESOLVED the Planning Commission of the City of Menifee, California resolves as follows: Section 1. With regard to Tentative Parcel tt/ap No. 2019-026 (PM 3767 4), the Planning Commission hereby makes the following findings: A. Consisfency with the General Plan. The tentative parcel map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The Genera! Plan land use of the site is Economic Development Corridor -Southern Gateway (EDC-SG). The intent of the designation is to identify areas where a mixture of residential, commercial, office, industrial, and entertainment uses are planned. Areas designated EDC are envisioned to develop primarily as non-residential uses. The Project site is developed with an existing self-storage facility, but contains 10.25 acres of vacant land on the southern portion of the property. The Project site and the surrounding properties are consistent with the land use designation of EDC-SG. The project is consistent with the following City of Menifee General Plan policies LU-l.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. The proposed project is located within the Economic Development Corridor -Southern Gateway that, as previously mentioned, is envisioned to develop primarily with non-residential uses and, therefore, future development of the site facilitated by this proposed subdivision would avoid and/or preserve rural areas of the City. PM 37674 I Planning Case PA 2019-026 LU-2.1: Promote infill development that complements existing neighborhoods and surrounding areas. lnfill development and future growth in Menifee is strongly encouraged to locate within EDC areas to preserue the rural character of rural, esfafe, and small estate residential uses. The Project proposes the subdivision of an 18.95-acre property into two (2) commercial parcels. A portion of the site contains an existing storage facility. The undeveloped portion of the property could be developed with a variety of commercial or business park uses as described in the EDC zone. The subdivision is consistent with this policy, as it will facilitate the development of an infill project on vacant land within the EDC Southern Gateway subarea with a new commercial business that will complement the range of goods and services that are available and/or planned within the project vicinity. B. Consisfe ncy with the Zoning Code The project is zoned Economic Development Corridor - Southern Gateway (EDC- SG). The project is consistent with all applicable development standards of the (EDC-SG) district. The surrounding propertres are zoned Southern Gateway (EDC-SG), consistent with the zoning of the project site. C. Consisfency with Ordinance 460 Regulating the Division of Land. The project is a Schedule 'E' subdivision of 18.95 acres into two (2) commercial parcels. A Schedule 'E' parcel map is defined by Ordinance No. 460 as any division of land into two (2) or more parcels in commercial or industria! zones regardless of parcel size. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule 'E' Map requirements as rt relates to Section 10.10 of Ordinance No. 460. The infrastructure required per Ordinance No. 460 was previously installed during the construction of the existing All Star Self- Storage facility. D. The site is physically suitable for the type of development and the proposed land use of the development. The subject site is flat, a portion of the property contains an existing storage facility and a portion of the property is vacant land. The project site is surrounded by predominantly vacant land and some scattered commercial businesses and residences to the south, east, west, and north of the property. The proposed project is consistent with the Economic Development Corridor - Southern Gateway (EDC-SG), and the surrounding uses mentioned above, because the EDC allows a mixture of uses from light industrial, and commercial retail to residential. The proposed project is for a subdivision of land and no development is proposed. Therefore, given the relatively flat topography of the subject site the project site physically suitable for the proposed subdivision. PM 37674 I Planning Case PA2019-026 E. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The project proposes to subdivide one parcel into two (2) Lots. The overall subdivision has been designed for the protection of the public health, safety and general welfare. The review of the subdivision design by departments and agencies ensures the project's compliance with applicable requirements and regulations adopted and applied to ensure that the project would not have an adverse effect on the public's health, safety, and general welfare. The project is compatible with the surrounding General Plan land use designations, and zoning classifications. The project will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or Iand uses in the project vicinity. F. Compliance with CEQA. Processrng and approval of the permit application comply with the requiremenfs of the California Environmental Quality Act. The project has been determined to be Categorically Exempt (Class 15 - Section 15315, "Minor Land Divisions") under the California Environmenta! Quality Act (CEOA) and CEQA Guidelines. The proposed project is for the subdivision of 18.95 acres into two (2) parcels. The proposed project is located within an urbanized area zoned for commercial and industrial uses. The proposed subdivision conforms to the City's General Plan and Zoning Code. No variances or exceptions are required for implementation of this subdivision. All services and access to the proposed parcels to local standards are available. Lastly, the parcel was not involved in a division of a larger parce! within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent. ln addition, the project site is not included on a Iist of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). Section 2. NOW THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No 37674) is approved subject to the Conditions of Approval as set forth in Exhibit "l" to this Resolution and as approved by the Planning Commission on November 13, 2019. 2. PM 37674 I Planning Case PA2019-026 PASSED, APPROVED AND ADOPTED this the 13th day of November, 2019 Attest: ie Roseen, Deputy City Clerk Approved as to form: it City Attorneynt STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC19-473 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13 day of November 2019 by the following vote: Ayes: Diederich, Phillips, Thomas, Madrid, KanruinNoes: None Absent: NoneAbstain: None anie Roseen, CMC Deputy City Clerk fMENtFEd:ilr-ry--r Ll €/ op- EXHIBIT "1" CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No 3767 4) Project Description:Tentative Parcel Map No. 2019-026 (Tentative Parcel Map No. 37674) proposes a Schedule "E" subdivision of 18.95 gross acres into two (2) commercial parcels. No buildings or structures are proposed for the vacant portion. The proposed parce! sizes are as follows: Parcel 1 - 8.70 Acres and Parcel2 - 10.25 Acres. The project site is located north of Wickerd Road, west of 1215, east of Haun Road, and south of Garbani Road within the City of Menifee, County of Riverside, State of California (APN 360-350- 02e). Assessor's Parcel No.: MSHCP Category: DIF Gategory: TUMF Category: Quimby Category: Approval Date: Expiration Date: 1 360-350 -029 Com mercial/l nd ustria I Com mercia l/l nd ustria I Com mercial/l nd ustria! N/A November 13, 2019 November 13, 2022 Within 48 Hours of the Approval of This Project Filins Notice of Exemption. The applicanUdeveloper shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or fina! and local government permits for the project shall not be valid unti! the filling fees required are paid. lndemnification. ApplicanVdeveloper shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, 2 including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicanUdeveloper and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicanUdeveloper with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. ln addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. Section I: Gonditions Applicable to Al! Departments Section ll: Engineering/Grading/Transportation Gonditions of Approval Section lll: City Fire Department Gonditions of Approval Section I: Gonditions Applicable to AII Departments General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 2019-026 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parce! Map No. 2019-026 (PM 37674), dated April 11, 2019 2. 90 Days. The developer/owner has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 3. Newly lncorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. ln the future, the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. The permitee acknowledges it is on notice of the current development fees and understands that such fees wil! apply at the levels in effect at the time the fee condition must be met as specified herein. 4. Comply with Ordinance 460. This land division shall comply with the State of California Subdivision Map Act and to al! requirements of Ordinance No. 460, Schedule E, unless modified by the conditions listed herein. 5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee Planning Commission's original approval date, unless extended as provided pursuant to the, Subdivision Map Act, Ordinance No. 460 or subsequent ordinance adopted by the City. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE 1 MAP. lf the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. 6. No Grading or Building Permits. Tentative Parcel Map No.2019-026 (PM 37674) is for a Schedule E subdivision. No grading or building permits shall be issued pursuant to this subdivision. 7. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shal! be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Section ll: Engineeri nglT ransportatio nl G rad i n s Gonditions of Approval The following are the Public Works Engineering Department Conditions of Approval for this project, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. ENGINEERING CONDITIONS 8. Subdivision Map Act. The developer/property owner shall comply with the State of California Subdivision Map Act (SMA) and City-adopted Riverside County, Ordinance 460. Section lll: Citv Fire Department Conditions of Approval General Conditions 9. Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to fonruard them to all interested parties. The building case number is required on all correspondence. Questions should be directed to the City Fire Department, Fire Marshal, Sonya Rivera- Bu, at 29844 Haun Road, Menifee, CA 92584. Phone: (951)723-3767. 10. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 11. Hydrant Location. Fire hydrants shall be located within 600' of all exterior portions of the structures with residential sprinkler systems, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code, City Fire Department and City of Menifee. 12. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and City Fire Department and City of ltlenifee standards. 13. Water Mains. The water mains shall be capable of providing required fire flow. 14. Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the City Fire Department prior to any combustible building material placed on an individual lot. Approved water plans must be at the job site. 15. Address. The address shall be posted per City Fire Department standards and will be clearly visible from public roadway. 16. Fire Department Access. Fire Department apparatus access shall be provided to within 300 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. 17. Fire Protection Systems. Residential Fire sprinkler systems: All residential buildings shall have NFPA 13D fire sprinkler systems installed. End of Conditions The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print) AGREEMENT TO IND EMNIFY AND HOLD HARMLESS This Agreement to lndemnify and Hold Harmless ("Agreement") is entered into, effective as of November 18, 2019, by and between the CITY OF IVENIFEE, a municipal corporation, on the one hand,("City"), and Stephen N/anfredi property owner of All Star Super Storage, LLC, a California Limited Liability Corporation, ("lndemnitor"), on the other. The City and Indemnitor are herein referred to collectively as the "Parties" and individually as a "Party." RECITALS Whereas, Stephan Manfredi has applied to the City for various discretionary approvals including Tentative Parcel Map 37674, which proposes to subdivide 18.95- acres into two (2) parcels (the "Project") located north of Wickerd Road, west of l-215, east of Haun Road, and south of Garbani Road within the City of Menifee, County of Riverside, State of California (APN 360-350-029). (the "Property"); and Whereas, in connection with the consideration of the above-mentioned discretionary approvals, lndemnitor has offered to, and hereby agrees that it will, indemnify and hold the City harmless from any challenges arising from or related to the discretionary approvals, the Property or the Project as more fully set forth in this Agreement. AGREEMENT NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows: 1. lncorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein. 2. lndemnitors' lndemnification Obligations. lndemnitor shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the "lndemnitees") from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either (i) the City's approval of the Project or actions related to the Property, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the Project, any condition of approval imposed by the City on such permit or approval, and any finding or determination made and any other action taken by any of the lndemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the acts, omissions, or operations of the Indemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the lndemnitor with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. The City shall notify the !ndemnitor of any claim, lawsuit, or other judiciat or administrative proceeding (herein, an "Action") within the scope of this indemnity obligation and request that the lndemnitor defend such Action with legal counsel reasonably satisfactory to the City. lf the lndemnitor fails to so defend the Action, the City shall have the right but not the obligation to do so with counsel of their own choosing, with no right of approval by lndemnitor and, if they do, the lndemnitor shall promptly pay the City's full cost thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obtigation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. This Agreement shall survive any final action on the Project, and shall survive and be independent of any Project approvals, even if such Project approvals are invalidated in whole or part. 3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the City and lndemnitor with respect to the subject matter set forth herein and supersedes any prior discussions, negotiations, and agreements with respect thereto. This Agreement may be amended or modified only by a written agreement executed by both Parties. No waiver of any of the terms of thisAgreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder. 4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties. lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. ..CITY" Dated: November 1 8,2019 CITY OF MENIFEE, a California Municipal Corporation By: Its: APPROVED AS TO FORM RUTAN & TUCKER, LLP Attorneys for the City of Menifee Dated: November 1 8, 2019 ..INDEMNITOR" Stephen ltlanfredi for All Star Super Storage, LLC By: Print Name: Its Property Owner